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21-116482 - Dyer, David & Barbara - 3507 Victory Palm Drive5/3/2021 2:07:17 PM Instrument #2021101668 #1 Book:8040 Page:152 CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER FINDING VIOLATION AND SETTING DATE FOR COMPLIANCE THE CITY OF EDGEWATER, FLORIDA, a municipal corporation Petitioner, Vs. David E. & Barbara J. Dyer Respondent. Case No. 21-116482 Citation No. 5162 THIS CAUSE came before the undersigned Special Magistrate on April 8, 2021 after due notice of noncompliance to the Respondent. The Special Magistrate, after having heard testimony unoef oath, received evidence and heard arguments of counsel (if any), the Respondent being not being present, there upon issues this Findings of Fact, Conclusion of Law and Order as follows: I. FINDINGS OF FACT 1. The Respondent is the owner of the property described as follows: Address: 3507 Victory Palm Dr., Edgewater, .ter, FL Short Parcel ID: 8402011493600 Legal Description: 2 18 84 LOTS 14936 & 14937 BLK 482 FLA SHORES UNIT 26 MB 19 PG 246 PER OR 3433 PG 0311 On March 29, 2021, said Code Enforcement Officer became aware of the following violation(s) of the Land Development Code/Code of Ordinances of the City of Edgewater. Violation Detail Sec.10-84 Parking easements 2. That on March 29. 2021, said Code Enforcement Officer notified the above -captioned individual of said violations. 3. That the Code Enforcement Officer, through its clerical staff, scheduled a hearing and written notice of such hearing was hand -delivered, mailed, or posted as provided by Section 162.12, Florida Statute. 4. That on April 8, 2021, a hearing was held pursuant to Section 162.07, Florida Statute. 5. That on basis of the testimony at the hearing on April 8, 2021, this Special Magistrate found the following conditions existed at the above-described property. Section 10-84 Parking easements. Page 11 Case No. 21-116482 Instrument #2021101668 #2 Book:8040 Page:153 II. CONCLUSION OF LAW Between March 29, 2021, and April 8, 2021, the above -captioned individual and/or entity has violated the following Sections of the City Code: Section 10-84 Parking easements. III.. ORDER 7. It is the Order of the Special Magistrate that the above -captioned individual and/or entity shall take such action as is necessary to come into compliance with the City Code. S. It is the further Order of the Special Magistrate that the above -captioned individual and/or entity shall be subject to a fine up to $100.00 per day for each and every day the said violation(s) continues past April 18. 2021, or until further order of this Special Magistrate. It is the further Order of the Special Magistrate that David E. & Barbara J, Dyer and/or entity, upon complying shall notify the Code Enforcement Officer, who shall make an inspection and notify the Special Magistrate whether the above -captioned individual has come into compliance with the City Code. 10. The respondent is subject to a citation fine of 75.00. DONE AND ORDERED this April 8, 2021. Jacob Schumer Special Magistrate ***IT IS YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT WHEN THE VIOLATION IS CORRECTED" Page 12 Case No. 21-116482 Instrument #2021101668 #3 Book:8040 Page: 154 Laura E. Roth, Volusia County Clerk of Court 1EU GEWATER CERTIFICATION I, Bonnie Brown, CMC, City Clerk of the City of Edgewater Florida, do hereby certify that the attached is a True and Correct copy of the Citizen Code Enforcement Special Magistrate Order Imposing Fine/Lien for Case No. 21-116482 - THE CITY OF EDGEWATER, FLORIDA vs DAVID E. and BARBARA J. DYER, owner as it appears in the Public Records of the City of Edgewater, Florida. IN WITNESS WHEREOF, I have set my hand and the seal of the City of Edgewater, Florida, on this 30'x' day of April, 2021. SEAL Bonnie Brown, CMC City Clerk Office of the City Clerk P.O. Box 100 • Edgewater, 1' L 32132-0100 (386) 424-2400 Ext. 1102 *Fax (386) 424-2410 wiviv. cir}y o fedgcnveter•. or•g